By:  Estes                                                        S.B. No. 697
	(In the Senate - Filed February 23, 2005; March 2, 2005, 
read first time and referred to Committee on Education; 
April 13, 2005, reported favorably by the following vote:  Yeas 6, 
Nays 0; April 13, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the validation of the boundaries of certain school 
districts. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  This section applies to any common, 
independent, or municipal school district that is located in whole 
or in part in a county that borders a county that has a population of 
at least two million and has:
		(1)  a population of at least one million; or                                 
		(2)  a population of at least 400,000 and a county seat 
that has a population of at least 75,000.
	(b)  The boundaries of a common, independent, or municipal 
school district as they existed on January 1, 2004, are validated as 
of that date.
	(c)  If the boundaries of a common, independent, or municipal 
school district are not, as of January 1, 2004, established by a 
complete metes and bounds description, the boundaries are 
determined by school district attendance zones or tax assessment 
lines as of January 1, 2004, or by other evidence of district 
boundary recognition as of January 1, 2004.
	(d)  This section does not affect school district boundaries 
that:           
		(1)  on the effective date of this Act are the subject 
of litigation if:    
			(A)  the action was commenced before January 1, 
2004; and                  
			(B)  the litigation ultimately results in the 
boundaries being determined by a final judgment of a court;
		(2)  on the effective date of this Act have been 
determined by a final judgment of a court; or
		(3)  as of January 1, 2004, were the subject of a 
detachment, annexation, consolidation, abolition, or other 
boundary change procedure under Chapter 13, Education Code, if the 
detachment, annexation, consolidation, abolition, or other 
boundary change procedure is completed in compliance with that 
chapter.
	(e)  For purposes of Subdivision (3), Subsection (d) of this 
section, the boundaries of a school district were the subject of a 
detachment, annexation, consolidation, abolition, or other 
boundary change procedure under Chapter 13, Education Code, as of 
January 1, 2004, if, as of that date:
		(1)  the board of trustees of at least one school 
district involved in the proposed detachment, annexation, 
consolidation, abolition, or other boundary change procedure had 
adopted a resolution to engage in the boundary change;
		(2)  the board of trustees of the school district had 
received a petition requesting an election on the proposed 
detachment, annexation, consolidation, abolition, or other 
boundary change procedure, regardless of whether the board of 
trustees had, as of that date, determined whether the petition is 
valid; or
		(3)  the commissioner of education had informed the 
board of trustees of the school district in writing that the 
commissioner intended to annex the district to one or more 
adjoining districts as authorized by Subdivision (10), Subsection 
(a), Section 39.131, Education Code.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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